Legal Aid, Sentencing and Punishment of Offenders Act 2012

25 Charges on property in connection with civil legal services E+W

(1) Where civil legal services are made available to an individual under this Part, the amounts described in subsection (2) are to constitute a first charge on—

(a) any property recovered or preserved by the individual in proceedings, or in any compromise or settlement of a dispute, in connection with which the services were provided (whether the property is recovered or preserved for the individual or another person), and

(b) any costs payable to the individual by another person in connection with such proceedings or such a dispute.

(2) Those amounts are—

(a) amounts expended by the Lord Chancellor in securing the provision of the services (except to the extent that they are recovered by other means), and

(b) other amounts payable by the individual in connection with the services under section 23 or 24.

(3) Regulations may make provision for exceptions from subsection (1).

(4) Regulations may make provision about the charge under subsection (1) including, in particular—

(a) provision as to whether the charge is in favour of the Lord Chancellor or a person by whom the services were made available,

(b) provision modifying the charge for the purposes of its application in prescribed cases or circumstances, and

(c) provision about the enforcement of the charge.

(5) Regulations under subsection (4)(c) may, in particular, include—

(a) provision requiring amounts recovered by the individual in proceedings or as part of a compromise or settlement of a dispute, and costs payable to the individual, to be paid to the Lord Chancellor or a person by whom the services were made available,

(b) provision about the time and manner in which the amounts must be paid,

(c) provision about what the Lord Chancellor or the person by whom the services were made available must do with the amounts,

(d) provision for the payment of interest on all or part of the amounts,

(e) provision for the payment to the individual concerned of any amount in excess of the amounts described in subsection (2), and

(f) provision for the enforcement of requirements described in paragraph (a).

(6) Regulations under this section may include provision requiring information and documents to be provided.